AGREEMENT
FSU & PUBLIC SAFETY SUPERVISORS
October 15, 2012 through June 30, 2017
AGREEMENT BETWEEN THE BOARD OF TRUSTEES OF FERRIS STATE
UNIVERSITY AND THE PUBLIC SAFETY SUPERVISORS, AN AFFILIATE
OF THE
POLICE OFFICERS LABOR COUNCIL
TABLE OF CONTENTS
TABLE OF CONTENTS ................................................................................................................................ I
INDEX OF TOPICS .................................................................................................................................... 31
Article I. - PlJRPOSE AND INTENT ........................................................................................................... 3
Article 2. - RECOGNITION .......................................................................................................................... 3
Article 3. - W AIYER ..................................................................................................................................... 3
Article 4. - AID TO OTHER ORGANIZATIONS ........................................................................................ 3
Article 5. - UNION MEMBERSHIP/AGENCY SHOP ................................................................................. 4
Article 6. - STEWARDS ................................................................................................................................ 4
Article 7. - BULLETIN BOARDS ................................................................................................................. 5
Article 8. - SPECIAL CONFERENCES ........................................................................................................ 5
Article 9. - ACCESS TO PERSONNEL RECORDS ..................................................................................... 5
Article 10. - SEPARABILITY, PRECEDENCE AND PAST PRACTICES .................................................. 5
Article 11. - NO STRIKE ................................................................................................................................ 6
Article 12. - GRIEVAN"CES ........................................................................................................................... 6
Article 13. -ADMINISTRATIVE RESPONSIBILITIES .............................................................................. 8
Article 14. - SENIORITY ............................................................................................................................... 9
Article 15. - MILITARY LEAVE ................................................................................................................. 11
Article 16. - SICK LEAVE - ACCRUAL AND USAGE ............................................................................. 11
Article 17. - SICK LEAVE - SEPARATION ............................................................................................... 13
Article 18. - SCHEDULES AND WORK HOURS ...................................................................................... 13
Article 19. - HOLIDAYS .............................................................................................................................. 18
Article 20. - INSURAN"CES ......................................................................................................................... 19
Article 21. - WORKERS' COMPENSATION .............................................................................................. 23
Article 22. - VACATIONS ........................................................................................................................... 23
Article 23. - RETIREMENT ........................................................................................................................ 24
Article 24. - EQUIPMENT, ACCIDENTS AND REPORTS ...................................................................... 25
Article 25. - TUITION AND FEE WAIVER............................................................................................... 26
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Article 26. - BEREAVEMENT LEAVE ...................................................................................................... 27
Article 27. - PERSONAL LEAVE ............................................................................................................... 27
Article 28. - WAGE SCHEDULE................................................................................................................ 27
Article 29. - LONGEVITY PAY ................................................................................................................. 28
Article 30 - DISTRIBUTION OF AGREEMENT ...................................................................................... 29
Article 31. - TERMINATION OF AGREEMENT ...................................................................................... 29
SIGNATORIES .................................................................................................29 .
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AGREEMENT
THIS AGREEMENT, made and entered into on October 15, 2012 by and between
FERRIS STATE UNIVERSITY, party of the first part (hereinafter referred to as the
"University") and Unit II, supervisory Ferris State University Public Safety Officers, affiliated
with the Police Officers Labor Council, party of the second part (hereinafter referred to as the
"Union").
Article 1. - PURPOSE AND INTENT
The general purpose of this Agreement is to set forth the agreed upon terms and
conditions of employment.
Article 2. - RECOGNITION
Pursuant to and in accordance with all applicable provisions of Act 336 of the Public
Acts of 1947, as amended, the University does hereby recognize Police Officers Labor Council as
the exclusive representative for the purpose of collective bargaining in respect to rates of pay,
wages, hours of employment and other conditions of employment for the term of this Agreement,
for the following unit: All full-time Sergeants and Lieutenants of the Ferris State University
Public Safety Officers.
Article 3. - WAIVER
The parties acknowledge that during the negotiations which resulted in this Agreement
each had the unlimited right and opportunity to make demands and proposals with respect to any
subject or matter not removed by law from the area of collective bargaining and that the
understandings and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement. Therefore, the University and the Union, for the life
of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the
other shall not be obligated, to bargain collectively with respect to any subject or matter referred
to or covered by this Agreement and with respect to any subject or matter not specifically referred
to or covered in this Agreement, even though such subject may not have been within the
knowledge and contemplation of either or both of the parties at the time that they negotiated or
signed this Agreement. There are no verbal or written understandings or agreements, or past
practices which are binding on the University other than the written agreements enumerated or
referred to in this Agreement. No further agreement shall be binding on the University until it has
been put in writing and signed by both the University and the Union.
Article 4. - AID TO OTHER ORGANIZATIONS
The University shall not aid, promote or finance any labor group or organization which
purports to undermine this Union in its legitimate collective bargaining activities.
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Article 5. - UNION MEMBERSHIP/AGENCY SHOP
Section 1.
Union members may authorize the University, by executing the proper form as provided
by the University, to make a pro-rated automatic payroll deduction on alternate pay periods for
union dues. The University will have no obligation to deduct or remit the dues payable for the
amount of any bargaining unit member whose withholding authorization reaches the Payroll
Office after the tenth (10th) day of the month. The Union will indemnify the University against
all liability the University may incur by reason of any dues deduction or remittance pursuant to
this paragraph.
Section 2.
Membership in the Union is not compulsory. Regular employees have the right to join,
not join, maintain or discontinue their membership in the Union as they see fit. Non members
will be called Agency Shop Employees. Payroll deduction for Agency Shop Employees will not
be required of the University, however, the University will comply with a written request by any
Agency Shop Employee for automatic payroll deduction in an amount and for such purpose as the
Union and the Agency Shop Employee should mutually agree upon. The Union will indemnify
the University against all liability the University may incur by reason of any dues deduction or
remittance pursuant to this section.
Article 6. - STEWARDS
Section 1.
Union employees shall elect a Steward to represent them. Union employees may also
elect an alternate Steward, who is a regular employee, to represent them in the absence of the
Steward.
Section 2.
The Steward or the alternate (in the Steward's absence) during regular working hours,
without loss of time or pay, in accordance with the terms of this article, may investigate and
present grievances to the University, upon having received permission from the Director of Public
Safety or his designee to do so. Whenever, due to pressing job duties, such permission is not
granted within twenty-four (24) hours, the time of filing a first-step grievance will be extended.
Section 3.
The Union will furnish the University with the names of its authorized representatives
who are employed within the unit and such changes as may occur from time to time in such
personnel so that the University may at all times be advised as to the authority of the individual
representatives of the Union with which it may be dealing.
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Section 4.
The Union Steward or the alternate may be entitled to a total of two (2) days leave
without pay, per year for the designated purpose of attending official state, or regional or local
union conferences, seminars or business conventions. The leave will be granted, provided said
leave is requested in writing, in advance, and such leave does not create unreasonable scheduling
or workload difficulties.
Article 7. - BULLETIN BOARDS
The University agrees to provide bulletin board space which may be used by the Union
for posting notice of the following types:
A. Notices of recreational and social events.
B. Notices of election.
C. Notices of results of elections.
D. Notices of meetings.
Article 8. - SPECIAL CONFERENCES
Special conferences on important matters may be arranged between the Union and the
University or their designated representatives, upon the request of either party, providing the
other party agrees to such conferences.
Article 9. - ACCESS TO PERSONNEL RECORDS
No more than one (1) official personnel record may be maintained for any member of the
bargaining unit, and such record will be accorded the normal privacy due such personal
information. Any member of the bargaining unit may examine their post-employment personnel
record. Bargaining unit members shall have access to their record during normal business hours
and may elect to be accompanied by a representative of the Union when the bargaining unit
member examines it. Upon request and at the bargaining unit member's own cost, the bargaining
unit member will be provided a copy of such post-employment records as requested.
No material originating after initial employment will be placed in the employee's
personnel file unless said employee is furnished with a copy of such material. The bargaining
unit member may submit a written statement regarding any material and the same shall be
attached to the file copy of the material in question. An employee's signature on evaluative or
disciplinary documents does not necessarily imply agreement.
Article 10. - SEPARABILITY, PRECEDENCE AND PAST PRACTICES
Section 1.
If any decision of any Michigan or United States court or administrative body of
competent jurisdiction affects any provision of this Agreement, each such provision will be
deemed amended to the extent necessary to comply with such decisions, but otherwise this
Agreement will not be affected. In the event that any article or section is held invalid, or
enforcement of, or compliance with which has been restrained, as above set forth, the parties
affected thereby shall enter into collective bargaining negotiations upon the request of the Union
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for such articles or sections during the period of invalidity or restraint for the purpose of arriving
at mutually satisfactory replacement.
Section 2.
This Agreement shall supersede any rules, regulations or practices of the University
which shall be contrary or inconsistent with its terms. It shall likewise supersede any contrary or
inconsistent terms contained in any individual contracts heretofore in effect.
Article 11. - NO STRIKE
The Union, its officers, agents, affiliates, members and employees agree that so long as
this Agreement is in affect, there shall be no strikes, sit-downs, slow-downs, stoppages of work,
concerted effort not to meet responsibilities, boycott, or any act that interferes with the
University's operation. Any violation of the foregoing may be made a subject of disciplinary
action including discharge or suspension, and this provision shall not be by way of limitation on
the University's right to any remedy under law for such violation.
Article 12. - GRIEVANCES
Definition - Grievance: A grievance is an alleged violation of a specific article or section of this
Agreement.
Definition - Day: Only for the purpose of the grievance procedure, a day shall mean calendar
days (excluding holiday days as defined by this Agreement) and shall not include the day on
which the grievance is presented or appealed or is returned by the University.
Definition - Probationary Employee: The following procedure applies to and is available to all
non-probationary employees covered by this Agreement. Probationary employees may be
disciplined or discharged without recourse to the grievance procedure.
A.
The purpose of this article is to provide a prompt and efficient procedure for investigation
and resolution of grievances. The review process hereinafter set, therefore, shall be the
sole method for the resolution of grievances. All time limits will be adhered to, except
where changed by mutual agreement in extenuating circumstances. It is the intention of
the parties to expedite the handling of grievances. To this end, an employee will first
discuss the grievance with the Assistant Director or designee in an attempt to amicably
resolve the matter.
B.
A grievance not advanced to the next higher level within the time limit provided shall be
deemed permanently withdrawn and as having been settled on the basis of the answer
most recently given it. Lack of timely response by the University at any stage will serve
to advance the grievance to the next higher step if the grievant so desires and signifies the
desire by written notice to this purpose; but in no event does such lack of response give
rise to further grievances. A grievance may be initiated by one or more bargaining unit
members and must be signed by all grievants, and the conclusion of the grievance shall
be applicable to all grievants.
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The Grievance Procedure:
Step 1:
Within ten ( 10) days of the time a grievance might reasonably be known to exist,
the aggrieved member of the bargaining unit shall first discuss the alleged
violation of the agreement with the Assistant Director or designee, either with or
without a representative of the Union.
The Assistant Director or designee shall give a verbal response to the employee
within five (5) days of the Step 1 discussion. Resolutions at this step between the
Assistant Director or designee and member are without precedent.
Step 2:
If the grievance is not resolved as a result of the Step 1 discussion, within ten
(10) days of the verbal response at Step 1, the aggrieved member of the
bargaining unit may present, in writing, a signed statement setting forth the
specific acts that constitute the basis for the grievance and identify the specific
language of the Contract that is claimed to have been violated by those specific
acts. A meeting shall be held to discuss the grievance between the Director of
Public Safety and the aggrieved member. Up to two additional persons for each
party may attend the meeting.
The Director of Public Safety shall communicate a decision in writing to the
grievant as promptly as possible, but not later than ten ( 10) days after the Step 2
meeting.
Any settlement, withdrawal, or other disposition of a grievance at this step or
during the initial discussion with the Assistant Director or designee shall not
constitute a binding precedent in the disposition of similar grievances unless
otherwise agreed in writing by the parties ..
Step 3:
If the Union is not satisfied with the disposition of the grievance by the Director
of Public Safety, the grievance may be submitted to arbitration within ten (10)
days after receiving the University's Step 2 answer, by notifying the Office of the
General Counsel that an appeal to arbitration will be made.
Upon proper notification to the University by the Union of its submission of a
grievance to arbitration, the University and the Association will attempt to select
an arbitrator within two (2) weeks. If the parties do not select an arbitrator within
the two (2) week period, the Union will submit a demand for arbitration to the
American Arbitration Association, with a copy being sent to the Office of the
General Counsel. The selection of the arbitrator will then be made according to
the procedures established by the American Arbitration Association.
The Arbitrator shall have no power to alter, add to, or subtract from the terms of
this Agreement. The decision of the Arbitrator, within the scope of his/her
authority, shall be binding upon the parties.
The cost of arbitration shall be borne equally by both parties. Expenses for
witnesses, however, shall be borne by the party who calls them.
Pre-arbitration step: Upon request of either party, a pre-arbitration meeting shall
be scheduled to discuss possible resolutions of the grievance and/or to discuss
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potential exhibits to be submitted during the hearing. Each party may have up to
three persons attend such meeting.
Article 13. -ADMINISTRATIVE RESPONSIBILITIES
Section I.
It is the responsibility of the University to fulfill the role and mission of the University
stated in the Ferris State University Role Statement. In fulfilling its role and mission:
A.
B.
The University, on its own behalf, hereby retains and reserves unto itself, without
limitation except as herein provided, all power, right, authority, duties and
responsibilities conferred upon and vested in it by the laws and the Constitution of the
State of Michigan, and of the United States, including, but without limiting the generality
of the foregoing, the right:
1.
To the management and control of the University and all its properties and
facilities;
2.
To hire all employees and, subject to the provisions of law, to. determine their
qualifications and the conditions for their employment, or their dismissal for just
cause, or discipline, or demotion; and to promote and transfer all such
employees;
3.
To determine the duties, responsibilities and assignments of all employees, and
the terms and conditions of employment.
The exercise of the foregoing powers, rights, authority, duties and responsibilities by the
University, the adoption of reasonable policies, rules, regulations and practices in
furtherance thereof, and the use of judgment and discretion in connection therewith shall
be limited only by the specific and express terms of this Agreement and then only to the
extent such specific and express terms are in conformance with the Constitution and laws
of the State ofMichigan and the Constitution and laws of the United States.
Section 2. - Professional Conduct
A.
The University may adopt reasonable rules and regulations not in conflict with the terms
of this Agreement governing conduct of Public Safety Officers.
B.
The University and the Union recognize a mutual responsibility for promoting
professional conduct that encourages quality in the performance of duty. Breaches of
professional conduct are subject to disciplinary procedure. Such breaches include, but
are not limited to, abuses of sick leave and other leaves, tardiness, willful deficiencies in
professional performance, violation of reasonable University policies, regulations and
administrative directions not inconsistent with the terms of this Agreement, and violation
of the terms of this Agreement. Alleged breaches of professional conduct shall be
reported promptly to the offending Public Safety Officer.
C.
A disciplined, or discharged, or suspended non-probationary employee will be allowed to
discuss the discipline, discharge, or suspension with the Steward, and the University will
make available an area where they may do so before being required to leave the property
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of the University and may utilize the grievance procedure for alleged violation of the
terms of this Agreement. Upon request, the University will discuss the discharge or
suspension with the employee and the Steward.
D.
All disciplinary records shall be pennanently placed in the employee's personnel file;
however, any record of discipline that is more than three (3) years old shall not be taken
into account on a current charge unless the employee had received another related
disciplinary action within three (3) years of the date of the original discipline.
Article 14. - SENIORITY
A. Representation of Employees
B.
1.
The Union shall represent all full-time Lieutenants and Sergeants of the Ferris
State University Public Safety Officers.
2.
Probationary Status
a.
All promotional appointments shall be probationary and subject to a
probationary period of six (6) months. At any time during the
probationary period, FSU may demote an employee whose performance
does not meet the required work standards. An employee on probation in
a promotional appointment shall have the right to return to his/her
previous appointment upon demotion, based upon seniority attained in
Unit I as set out below under Section 14.B.l. The resulting bumped
employees, from Unit I, shall not have cause to grieve such employment
layoff in accordance with this Agreement. The Union therefore agrees
not to advance any grievance of a Unit I employee bumped from a
position with FSU, when such is the result of the activation of this
provision.
b.
All original appointments to positions in the bargaining unit shall be
probationary and subject to a probationary period of twelve (12) months.
At any time during the probationary period the University may discharge
the probationary employee. Any employee so discharged during the
probationary period shall have no recourse to the grievance procedure.
Seniority and Seniority Lists
1. Accrual/Retention
a.
Seniority shall be given at the date of hire and shall continue to accrue
while in the unit.
b.
An employee hired on or after October l, 1987 shall retain all seniority
accrued while in the bargaining unit but shall not accrue seniority while
outside the bargaining unit.
c.
Seniority, for those employees hired prior to October 1, 1987, shall be
based upon the length of continuous service, from date of hire, with the
FSU Department of Public Safety.
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C.
2.
Seniority shall be applied in accordance with applicable state and federal laws
prohibiting discrimination.
3.
The seniority list on the date this Agreement takes effect will show the names,
job titles, recognized seniority in the bargaining unit, and the date of rank of all
applicable employees of the bargaining unit entitled to seniority.
4.
The University will keep the seniority list up-to-date at all times and, when
changes occur, a list will be made available upon request by the Union.
Los.s of Seniority
An employee shall lose his or her seniority and be terminated for the following reasons:
D.
1.
He/she quits, retires, or is terminated.
2.
He/she is discharged and the discharge is not reversed through the procedure set
forth in this Agreement.
3.
He/she is absent for three (3) consecutive working days without notifying the
University. After such absence, the University will send written notification to
the employee at his/her last known address that he/she has been terminated. The
University may, in its sole discretion, excuse such absence, if due to extenuating
circumstances, such notice was not provided.
4.
If he/she does not return to work when recalled from layoff as set forth in the
recall procedure.
5.
Failure to return from sick leaves of absence will be treated the same as three (3)
above.
Seniority of Steward
The Steward (and his/her alternate) shall be selected frGm the permanent employees and
shall have completed a probationary period in their current position, and shall have "Super
Seniority." (Only in the event of a layoff.)
E.
Layoffs
1.
Permanent Employees
The University may lay off a permanent employee by reason of shortage of work
or funds.
2.
Order of Layoff
Layoff of employees shall be made first by inverse order of their seniority in the
bargaining unit. Part-time bargaining unit employees shall be laid off first.
Supervisory employees, not in this bargaining unit, but having seniority, may be
assigned to the bargaining unit and displace less senior members thereof.
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3.
Notice of Layoff
The University shall give written notice to the employees and Union of any
proposed layoff. Such notice shall state the reasons therefore, and shall be
submitted at least one (1) week before the effective date thereof.
F.
Recall Procedure
When the working force is increased within twelve (12) months of a layoff, employees
will be recalled in inverse order of layoff. Notice of recall shall be sent to the employee at the
last known address by registered mail or certified mail. If an employee fails to report for work
within ten (10) days from date of mailing of notice of recall, he/she shall have no further right to
re-employment.
Article 15. - MILITARY LEAVE
Any bargaining unit member, who has been or may be after this date, called into service
with the armed forces of the United States, shall be accorded "leave of absence without pay or
compensation" for such period of service and at his/her election for six (6) months thereafter, and
shall be restored to the position he/she left or a comparable one for at least as many months as
there shall have been remaining on his/her employment agreement at the time of his/her entry into
active service.
When a bargaining unit member is involuntarily called for military duty, the University
will compensate that person for the difference between contractual salary and the military pay and
allowances for a period up to ninety (90) days. The University will continue its normal
contribution to insurance and other fringe benefits during this period.
Article 16. - SICK LEAVE - ACCRUAL AND USAGE
Section 1. - Sick Leave
A.
Time taken off from an employee's duties for illness constitutes sick leave.
Employees shall not lose seniority as a result of being absent due to illness or
injury. Sick leave shall not be used for any reason other than sick leave except as
provided in the University's FMLA policy, available from Human Resources, or
as indicated in the next paragraph. The employee may use sick time privileges in
the instance of a health condition (even if not covered under FMLA) of a member
of the employee's immediate family (spouse, parent or child) to a maximum of
three (3) days per incident. Sick time of up to twenty-four (24) hours may also
be granted for medical-related incidents/appointments (even if not covered by
FMLA) for the employee, spouse and children each fiscal year.
B.
Sick leave is herein defined as any regularly scheduled working day, or part
thereof, lost due to illness, medical examination or treatment, dental examination
or treatment, or optical examination or treatment. The University has the right to
require substantiation of the reason for this absence in cases of suspected abuse
of the sick leave program.
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1. FOR EMPLOYEES HIRED PRIOR TO JULY l, 2001:
4.0 hours per bi-weekly pay period accrues to each member of the bargaining
unit as sick leave. The maximum sick leave that can accrue is sixteen hundred
(1600) working hours. Members will have an irrevocable option during 2001
open enrollment for "Ferris-Flex" to convert to the new Short Term Disability
("STD") Plan benefit. Those converting will be covered under paragraph B2
(below). In the event conversion options are offered in future open enrollment
periods, such option will be extended to members.
2. FOR EMPLOYEES HIRED ON OR AFTER JULY 1. 2001:
104 (One-Hundred four) hours of sick leave will be established for each
employee at the beginning of each Short Term Disability ("STD") Plan year (July
1). The sick leave hours are pro-rated the first year of employment for persons
hired after July 1. There is no "carry-over" of hours from prior STD plan years.
Sick leave hours are used in conjunction with the STD Plan outlined in Article
20, Section 9.
C.
A bargaining unit member granted sick leave of absence upon a verbal request, or
one made on their behalf by another, shall at the first reasonable opportunity
under the circumstances presented, support such request with an application in
writing together with such evidence of need for leave as the University may
request.
D.
The University may require a doctor's certificate or other satisfactory evidence
that bargaining unit members have fully recovered and are able to perform all the
elements of their job prior to returning such employees to work, or to determine
if such employees continue to be ill or disabled for the purpose of continuing a
leave of absence, and the University, when it requests a doctor's opinion, shall
pay for the doctor's fee.
The Payroll Office shall maintain a sick leave record on all bargaining unit
members. The record shall be credited with earned sick leave credit each payroll
period and debited periodically as sick leave benefits are used.
E.
A medical leave of absence may extend up to 12 months or the length of the
employee's seniority, whichever is less. An employee not returning to work
within that time frame will be considered as terminated from the University.
F.
An employee who has accrued sick time will be on a paid medical leave of
absence. If the employee has no sick time or has used up all accrued sick time,
he/she will be on an unpaid medical leave of absence.
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Article 17. - SICK LEAVE- SEPARATION
Section 1.
Bargaining unit members, who separate from the University's service because of
permanent disability shall be paid for all accumulated sick leave.
Such compensation will be made at their current rate of pay. In the event of death, fifty percent
(50%) of the cash value of unused sick leave bank, computed at the bargaining unit member's
current rate of pay, will be paid to their estate or beneficiaries.
Section 2.
A bargaining unit member, who during the term of this Agreement separates from the
University's service due to age and service requirements under the Michigan Public School
Employees' Retirement Act shall be paid fifty percent (50%) of his/her accumulated sick leave up
to a maximum of eight hundred (800) hours. Such compensation will be made at his/her rate of
pay at the time of retirement.
Section 3.
Employees will not be compensated for unused sick leave upon resignation or
termination of their employment with the University.
Article 18. - SCHEDULES AND WORK HOURS
Section 1. - Hours of Service
A.
B.
Hours of Work
1.
Ten (10) hours shall be considered a normal working day for employees working
four ten hour days. Eight (8) hours shall be considered a normal working day for
employees working five eight hour days.
2.
Employees normally will be required to work at least eight (8) days in a biweekly work period (10 days for those on a five-eight schedule).
3.
Employees shall normally be granted pass days in three (3) day periods (two days
for those on a five-eight schedule).
Overtime
1.
Eligibility
A.
Employees will be paid for all hours worked.
B.
All authorized overtime worked by employees shall be indicated on their
appropriate officer's daily report and initialed by a supervisor who has
authority regarding the overtime.
C.
Court assignments, other than on regularly assigned duty periods, and on
pass and vacation days, shall be considered overtime.
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2.
Basic
A.
Overtime at one and one-half of the regular pay rate shall be paid to
eligible employees for work in excess of eighty (80) hours in a bi-weekly
work period, or in excess of ten (I 0) hours a day (eight hours for those
on a five-eight schedule).
B.
A day for officers is defined as ten (10) hours worked in a twenty-four
(24) hour period (starting time of shift is beginning of the twenty-four
(24) hour cycle).
3.
There shall be no pyramiding of overtime.
4.
Overtime Scheduling
The procedure outlined in this Section will be used when overtime is available to
qualified officers after a 28-day schedule has been posted. This section does not
preclude the department from using the "call-in" language outlined in this
Article, nor does it preclude the department from offering overtime to officers ·
already working a shift when the overtime to be worked is contiguous to their
shift and is expected to be three (3) or less hours in duration for a specific period
of overtime and subject to provisions for "extra hours" in Section 2 below. For
example, an employee may be called in early but may also work three (3) hours
overtime at the end of his/her shift.
5.
A.
When the Department Director, or his/her designee responsible for
overtime, is given 96 hours or less notice of the need for overtime, the
overtime shall be offered first to the most senior (by date of hire),
qualified member of the union (i.e., both Unit I and Unit 2 combined for
this purpose). If he/she refuses or is not available for the overtime, then
it shall be offered to the next most senior qualified member of the union
and so on down the seniority list until the overtime is taken (accepted).
In the event the overtime is not taken (accepted) by a qualified member,
the least senior qualified member of the union on the seniority list will be
assigned to work the hours.
B.
When the Department Director, or his/her designee responsible for
overtime, is given more than 96 hours notice of the need for overtime,
the overtime shall be distributed among the employees of the work unit
on an equal-share basis (as long as they are qualified to perform the
work). An employee who declines to work the overtime shall be charged
with overtime so that it is counted the same as having worked in order to
determine his/her "equal share". The overtime equalization list shall be
kept current and will be made available to the union upon request.
In the event an officer is scheduled for overtime and shows up to work as
scheduled and is then told that the overtime has been cancelled, that officer will
be paid at the overtime rate for the actual hours worked or one ( 1) hour
whichever is greater. This does not preclude the department from canceling the
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overtime in advance of the schedule which will be without obligation to pay
overtime.
C.
Shift Trading
Employees may trade shifts and days off if mutually agreed and written permission is
received from the Director or his/her designee. Traded days and shifts must be scheduled
within the same pay period and the trade, in and of itself, must not create overtime.
D.
Compensatory Time
1. When supervisors are called in/scheduled to work more than their normal work
schedule, the Director/Assistant Director or his/her designee and employee shall
determine in advance, unless there is an emergency situation, whether overtime pay
or compensatory time is to be granted.
2. If the Director/Assistant Director and employee agree that compensatory time is to be
granted in lieu of overtime pay, then compensatory time shall be calculated at time
and one half.
3. Compensatory time is to be taken at a time mutually agreeable to the
Director/Assistant Director or his/her designee and the employee. Employees will be
granted compensatory time on a first come, first serve basis, if scheduling permits.
4. Employees may accumulate up to one-hundred twenty (120) hours of compensatory
time in a contract year. Accumulated compensatory time must be totally used within
the contract year in which it is earned. Any compensatory time not used within the
contract year will be paid off to the employee at time and one half pay.
5. Employees who terminate their service with the University will be paid for
accumulated compensatory time, not to exceed one-hundred twenty (120), at their
then current rate of pay, except shutdown hours received in· December, unless the
criteria for payment has been met per Article 19 titled Holidays.
6. Compensatory time may be used in increments of one hour or more and may be used,
if approved by the Director/Assistanf Director or his/her designee, in conjunction
with paid vacation or personal day(s). However, no more than twenty (20) hours may
be used at one time in conjunction with vacation periods, unless an exception is
approved by the Director/Assistant Director.
7. The accrual of compensatory time will be reported on the bi-weekly time sheet and
use of compensatory time will be reported on the Ferris State University Request for
Excused Absence form.
Section 2. - Work Schedule
The work schedule or shift hours of the employees shall be for twenty-eight (28)
days in duration and shall be posted at least twenty-eight (28) calendar days in advance of the
beginning of the schedule. The Employer shall determine how many employees, if any, will be
assigned to each shift.
15
A.
Employees shall be allowed to bid for preferred shifts in accordance with seniority.
Employees shall bid for shifts by June 15th, November 15th and March15th in advance of
the beginning of the semester. Any changes in schedule are in effect for the full twentyeight (28) day schedule. An officer's regularly assigned shift hours will not be changed
due to an athletic/special event.
For employees assigned to ten (10) hour shifts, the following shall apply. The first shift
is any shift that starts between the hours of 6:30 a.m. and 7:30 a.m. The second shift is
any shift that starts between the hours of 4:30 p.m. and 5:30 p.m. The third shift is any
shift that starts between the hours of 8:30 p.m. and 9:30 p.m. The fourth shift is any shift
that starts at either 11 :00 a.m. or 11 :30 a.m.
At the beginning of the first shift rotation after May commencement, the University will
schedule one officer on the day shift during the weekend time period. This will be in
effect for the next three (3) shift rotations (e.g. three consecutive, twenty-eight calendar
day work schedules). The University will endeavor to implement this schedule each
summer as long as it is deemed feasible by the University.
Work schedules may be changed for the following reasons:
1.
Scheduling problems brought about because of employee absence due to sick
leave, personal leave, workers' compensation or disciplinary suspension,
provided that at least twenty-four (24) hours' notice of such shift change is given
to the affected employee. In the event such twenty-four (24) hours' notice is not
given, said employee shall be paid time and one-half for all hours worked during
said call-in.
2.
In case of disasters (man-made or natural) and/or emergencies (including military
call back) requiring total or partial mobilization of manpower for the protection
of public health, welfare, and safety.
3.
Court time as the result of a subpoena served, if not less than two (2) weeks'
notice is provided.
4.
Call-in or court time will be for not less than three (3) hours at time and one-half.
In the event the sole purpose of the call-in is for an officer to return to work to
finish work that should have been completed prior to the officer leaving work,
then the pay will be for actual hours worked on the call-in. Call-in hours worked
contiguous with a regular work shift will be for actual hours worked.
5.
Reduction in work force or any other unforeseen circumstance that would impede
the efficient operation of the Public Safety Department.
6.
Training (i.e., change the work schedule of only the officer(s) scheduled for
training).
7.
Special assignments including, but not limited to, teams, task forces,
investigations, etc., (temporary or permanent).
16
..
In the event it becomes necessary to change the work schedule pursuant to the reasons
contained above, the University retains the right to place its officers back on their
originally designated shifts after the occurrence giving rise to that change terminates.
B.
Lunch Period
The normal ten (10) hour or eight (8) hour workday for employees engaged in a
continuous operation shall usually include a one-half (112) hour lunch period except when
in an emergency situation. A continuous operation is defined as being assigned to a work
situation where nature of work restricts and/or prohibits an employee(s) from observing
regularly scheduled lunch periods.
C.
Break Periods
Employees will be granted a fifteen (15) minute break period each day, one during the
first half of the employee's shift and one during the second half of the employee's shift.
Such periods shall be paid at the employee's regular straight-time rate and shall not result
in lengthening the workday. Employees are expected to be in a ready to work status
during the break period. Break periods are not cumulative and shall not be paid as extra
work time in the event an employee is unable to take their break.
D.
Detective/Sergeant Position
The Detective/Sergeant will primarily work the day shift, 8:00 a.m. - 4:00 p.m., Monday
through Friday. However, the Detective/Sergeant can be assigned to work nights and/or
special events.
Section 3. - Staffmg Levels
Between the hours of5:00 p.m. and 7:00 a.m., no less than two (2) sworn officers will be
scheduled to work. Exceptions shall be when more than fifty percent (50%) of the residence halls
are closed, except as described below.
For purposes of this Section 3 only, minimum staffing levels shall be in effect commencing at
5:00 p.m. on:
• Wednesday prior to the beginning of the fall semester,
• two evenings prior to the beginning of the spring semester, and
• the evening preceding the start of morning classes when returning from Thanksgiving and
spring break.
Section 4. - Time Changes
When daylight savings time occurs, the following procedure will be used:
1. In the fall, when the clock moves back one hour, if officers work their full (regular)
number of shift hours and work the extra hour due to the clock change, they will be
paid an extra hour's pay at his/her overtime rate.
2. In the spring, when the clock moves ahead one hour and officers work one less hour
they will be compensated for the full (regular) number of hours in their normal shift.
17
"
Section 5. - Training and Travel Time
The University and the Union recognize the value of retraining opportunities for
employees. The University, in its discretion, will provide opportunities for public safety officers
to receive additional training. Employees are required to report to work prior to the training and
after the training when the training occurs during their regular shift.
Employees will receive their nonnal day's wages at the regular day shift rate for the
day(s) of training plus the University will pay all travel expenses up to the amount allowable
under University policy and applicable laws. (Employees with 10-hour shifts will have 8-hour
shifts for 5-day training periods.) In the case of a mandatory single day training session, travel
time to and from the training session on the date of the training session, that is over and above the
normal scheduled day will be considered as time worked.
At the discretion of the Employer, an employee may volunteer to attend training not
mandated by the Employer, in which case, upon approval of the Director or designee, the
employee will not lose pay for the day; however, the employee will not be entitled to any
additional pay.
Article 19. -HOLIDAYS
Section 1. - Holidays
Scheduling
1.
Holidays will be observed on the day on which they occur. Employees either
work the holiday or receive the holiday off with pay. The start time of an
employee's shift will detennine the holiday for an employee who works the
holiday and for an employee who receives the holiday off. For example, a shift
that starts at 9:00 p.m. on July 4 and ends 7:00 a.m. on July 5 is the holiday; a
shift that starts at 8:00 a.m. on December 25 and ends 4:00 p.m. the same day is
the holiday.
2.
Whenever a holiday falls on a scheduled day off in the employee's workweek, the
employee will receive an additional day off, with pay, the time to be arranged
with a supervisor who is in charge of the work schedule.
3.
If a holiday occurs during a period of an employee's absence during which time
the employee is using sick and/or annual leave credits, such holiday shall be
carried as holiday time.
Section 2. - Designated Holidays
A.
All bargaining unit members will receive the following regularly scheduled holidays:
1.
2.
3.
4.
5.
New Year's Eve Day
New Year's Day
Memorial Day
Easter Sunday
Independence Day
6.
7.
8.
9.
10.
18
Labor Day
Thanksgiving Day
Day following Thanksgiving Day
Christmas Eve Day
Christmas Day
.
B.
Employees required to work on one or more of the above holidays shall receive the
regular days' pay and, in addition, pay at the rate of time and one-half of their regular pay
rate for hours worked during the holiday.
Section 3. - Shutdowns
A.
It has been the practice of the University to observe a campus-wide shutdown between
Christmas and New Year's. However, because certain essential services must be
continued during this period, including security, if it is necessary that any bargaining unit
member is required to work during this period, as identified by the University year to
year, they will be afforded equivalent time off by adding the shutdown hours each
employee's compensatory time bank for use beginning December 1 of each year. In the
event the compensatory time bank exceeds its limit, the excess hours will be paid to the
employee at their regular rate of pay. If a member's employment with the University
terminates prior to the shutdown period, the employee will forfeit payment of the
shutdown hours. In the event compensation is granted during shutdown days to all other
full-time employees not required to work, compensation will also be granted to
bargaining unit members not required to work.
Article 20. - INSURANCES
Section 1. - Group Life Insurance
All bargaining unit members receive group term life insurance in the amount of $50,000.
This insurance terminates upon termination of employment with the University. In the event that
Ferris State University offers spouse/child(ren) life insurance coverage to employees (plan limits
to be determined by the employer), it will extend such plan to bargaining unit members. The cost
of extended dependent coverage is to be paid in full by the employee.
Section 2. - Liability Insurance
All bargaining unit members are covered under a $1,000,000 single incident, $5,000,000
multiple incident policy against personal liability arising out of their performance of duty for the
University.
Section 3. - Health Care Committee
The parties agree to the formation of a health care committee which will be comprised
of representatives from: each bargaining unit that desires to participate; representatives from
the nonunion employee group; and representatives of University administration. The health
care committee will monitor the benefit plans and discuss and make recommendations to the
offerings such as the number of plans and plan design with the goal of maintaining attractive
and sustainable benefit plans to continue to attract and retain quality employees. Meetings will
be facilitated by the Vice President for Administration and Finance or his/her designee. Health
plan changes may not be implemented unless ratified by the bargaining unit.
In the event legislation is adopted that affects Universities and would result in lower
Employer cost and/or higher employee contributions than the amounts agreed upon herein, the
amounts in the table and/or the employee contributions will be revised immediately or upon
expiration of the collective bargaining agreement, whichever is required by law.
19
Section 4. - Health Care Plan Overview
Effective January 1, 2013, the health plan options available shall be Priority Health and
PPO lA and are set forth in Appendix A. An open enrollment period shall be held prior to that
date. Effective as soon as practicable, PPO 1A and Priority Health will have a three tiered rating
system consisting of single, two person and family rates.
Effective July 1, 2013, or as soon as practicable, a base PPO plan with single, two person
and family rates will be implemented with minimum benefits as outlined in Appendix A.
With the exception of Priority Health and PPO lA, the University will have the option to
delete any health care plan that falls below University-wide total enrollment of 45 employees.
Effective June 30, 2016, Priority Health and PPO lA will no longer be exceptions.
Section 5. - Maximum University Contribution Cap
The Employer will contribute up to a maximum annual amount toward the health
insurance premiums as listed in the table below. The Employee is responsible for paying the
balance of the premiums through payroll deductions. In the event any actual premium falls below
the listed maximums, the maximum amount listed shall be revised downward to the appropriate
amount. The maximum University contribution, or revised University contribution, will be
increased by the following amounts:
Upon ratification
July 1, 2013
July 1, 2014
July 1, 2015
July 1, 2016
3.75%
3.50%
3.50%
3.25%
3.00%
MAXIMUM ANNUAL UNIVERSITY CONTRIBUTION
DATE
October 15, 2012
AMOUNT
$13,424.00
$3,962.00
PLAN
Family
Single
Section 6. - Medical Reimbursement Plan
Bargaining unit members not electing health insurance for reasons outlined below shall
be paid $183.00 per month less applicable taxes and withholdings in their bi-weekly pay checks
as applicable. Effective July 1, 2013, the amount shall be changed from $183.00 per month to
$64.00 per pay period.
Members may elect to not take health insurance if:
(1)
The member is personally covered under another health care plan (i.e. spouse's
employer), or
(2)
Effective July 1, 2014, if the member and spouse/other eligible adult are both
employees of the University, then one shall elect health insurance; however, the
other spouse/other eligible adult shall not be eligible for the medical
reimbursement. This provision shall not take effect unless a similar provision
has been implemented for the nonunion employee group on or before July 1,
2014.
20
Section 7. - Flexible Spending Account
The University will make available to the employees a flexible spending account plan for
medical and dependent care.
Section 8. - Dental Insurance
The University shall make available a dental option through a carrier selected by the
University providing a 80-60-50 benefit level with a maximum of $1,000 per person per year. An
orthodontic rider with a $1,000 lifetime maximum will be made applicable to full-time employees
in the bargaining unit.
Section 9. - Long Term Disability Insurance
A.
The University shall provide, without cost, to all bargaining unit members, a ninety (90)
day elimination period Long Term Disability Insurance Plan by a carrier selected by the
University.
1. Benefits shall begin on the termination of the bargaining unit members' sick leave or
90 days (or as indicated upon their Ferris-Flex Election form), whichever is greater,
and continue at 66 2/3% of the bargaining unit member's salary to age 65.
2. The benefit shall be capped at 66 2/3% of$5,000 per month in salary.
3. The salary rate, for purposes of computing the LTD payment, shall be computed as of
the date the bargaining unit member's services to beginning of the plan year.
Section 10. - Optical Plan
A.
Each bargaining unit member shall, commencing October 1, 1989, be entitled to $300.00
per year for available services and/or equipment, through the University's College of
Optometry, at no cost to the bargaining unit member.
1.
The $300.00 allotment, without cost to the bargaining unit member, shall
not and may not be carried over in whole or in any unused portion to any
succeeding year.
2.
The $300.00 allotment may be used by the bargaining unit member
and/or any legal dependent thereof but under no circumstances shall the
allotment be expanded beyond the $300.00 per year cap per bargaining
unit member as herein set out.
The $300.00 per year allotment, if and when utilizing the University's
College of Optometry, shall be based upon the College of Optometry's
yearly set rates for such services to the personnel of the University.
The optical benefit described in paragraph A above, will remain in effect through June
30, 2013. Effective July l, 2013, employees will be covered by the same optical benefit
offered to the administrative nonunion and AFSCME groups and the benefit described in
paragraph A shall no longer be in effect.
3.
B.
21
Section 11. - Short Term Disability Plan ("STD")
The University's Short Tenn Disability Benefit Program, herein called "STD", covers
employees who hire on or after July 1, 2001, and employees hired prior to July 1, 2001 who
voluntarily converted their sick leave accrual plan to the STD Plan. The STD will provide
income protection between the event (sickness or accident) and the commencement of the "LongTenn Disability" ("LTD") Benefit Program, which is outlined in Article 20, Section 7. An
outline of the STD benefit program follows:
Benefit Commencement/Eligibility: Employees will be eligible for STD compensation the first
day following an accident or eight days following an illness, with a valid physician's certification.
Compensation: A total of 104 sick hours will be established for each employee at the beginning
of each plan year, on July 1. The sick hours are pro-rated the first year of employment for
persons hired after July 1. There is no carry-over of sick hours from prior STD plan years. Sick
hours are paid at 100% of the base salary rate. As employees meet the eligibility requirements for
commencement of STD, sick hours will be exhausted before any disability benefit is designated.
When an employee is placed on STD, the STD will be paid at a rate of 75% of their base salary
rate. STD will continue until the employee returns to work, is no longer covered by a physician's
certification, or meets the eligibility period requirement for the commencement of "long-term
disability" (90 days from qualifying event with a physician's certification). Mandatory
deductions are taken from sick and STD pay. Voluntary deductions can be changed for STD pay,
with written notice to the Payroll Dept.
Limitations: As with the Long-Tenn Disability ("LTD") Benefit Plan, employees collecting the
75% STD pay benefit will not accumulate vacation time.
Employees Converting Old Sick Plan: Employees hired prior to July 1, 2001 will be offered a
one time irrevocable option during the 2001 open enrollment for "Ferris-Flex" to convert to the
STD benefit. In the event future conversion options are offered, such option will be offered to
members. The terms of such conversion election are as follows:
1. Any balance of sick hours accumulated (but not used) prior to the conversion will be
recorded as of that date, will remain in a separate bank, and may be utilized after the
annual allowance of the 104 sick hours is exhausted during any plan year.
2. At the end of subsequent plan years in which 104 or less sick hours are used, a new,
opening balance of 104 sick hours will again be established, separate from any
balances remaining from "non-STD sick leave bank" established prior to the
conversion.
3. Payout of the "non-STD sick leave bank" is according to Article 17, Section 1.
Section 12. - Riders and Options
Subject to the policies, rules and regulations set forth by the University's health plan,
employees covered by this Agreement may apply for other available riders and/or options at their
own expense.
22
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Article 21. - WORKERS' COMPENSATION
In the event an employee sustains an occupational injury, he/she will be covered by
applicable Workers' Compensation laws, and the employee may elect to use his or her
accumulated sick/vacation leave to cover the differential between Workers' Compensation and
his/her regular salary. Such use shall confonn with guidelines established by Human Resources.
Article 22. - VACATIONS
Regular full-time bargaining unit members will receive paid vacation according to the
following schedule:
Length of Service
Vacation Period
1 year through 3 years
4 years through 10 years
11 years through 14 years
15 years or more
96 Hours
120 Hours
144 Hours
160 Hours
Sergeants promoted from Unit I will receive 160 paid vacation hours each year.
Section 1.
Bargaining unit members are eligible to take one ( 1) day of paid vacation for each month
of service after six (6) months of continuous employment. Vacations must be totally used in the
anniversary year following the year it accrues.
Section 2.
Vacations are taken at a time mutually agreeable to the University and the employee with
the need for the services of the employee at the particular time being paramount. Vacation will
be worked out as far in advance as possible. When scheduling vacation requests, seniority shall
be recognized and be given preference in the initial round of vacation scheduling. Thereafter, the
needs of the Department and the individual preferences will be paramount. The University shall
notify employees of approval of vacation requests within a reasonable time after such requests are
received. If an employee is required by the University to reschedule his or her vacation request or
is denied a request for vacation, then the provision of Section 3 shall not be invoked.
Section 3.
Vacation credits are not cumulative from year to year except in most unusual
circumstances subject to review and approval by the Vice President for Administration and
Finance.
Section 4.
Employees who terminate their services with the University will be paid for accumulated
vacation time, in accordance with the state laws of Michigan, not to exceed that authorized for
that year at their then current rate of pay.
23
·.
Article 23. - RETIREMENT
Section 1. - Retirement System Selection
1.
Members:
Members presently in the Michigan Public School Employees' Retirement System
(MPSERS) or any other available retirement program provided by the Michigan Public
School Employees' Retirement Act (such as MIP) must remain in such system or its
successor until retirement. Members presently in the University Tax-Deferred Annuity
Plan (TIAA-CREF and Fidelity Investments being the current Fund Sponsors under the
Plan) must remain in such system or its successor until retirement.
2.
New Members:
Unless legally obligated to allow or require enrollment in MPSERS, within thirty (30)
calendar days of the effective date of employment, a member must elect to participate in
a retirement program offered by the University.
If an election is not made within the 30-day period, the member will be enrolled in the·
plan with a University-designated vendor.
Section 2. - Retirement System Payments
1.
Contributions on behalf of members participating in the basic MPSERS or the optional
state retirement program (MIP), provided under authority of the MPSERS, shall be made
by the University pursuant to the Michigan Public School Employees' Retirement Act, as
amended.
2.
The University shall pay into the retirement account of a member participating in the
University Tax-Deferred Annuity Plan (TIAA-CREF, Fidelity Investments or other Fund
Sponsor) an amount equal to Ten percent (10%) of the member's gross pay per pay
period.
3.
Members participating in the University Tax-Deferred Annuity Plan (TIAA-CREF,
Fidelity Investments or other Fund Sponsor) shall pay Four percent (4%) of his/her
earnings into his/her retirement account. Such payment is to be made by salary reduction
on a pre-tax basis.
Section 3. - Retirement System Vesting
1.
Members participating in the basic MPSERS or the optional state retirement program
(MIP), provided under authority of the MPSERS, shall become vested pursuant to the
Michigan Public School Employees' Retirement Act, as amended.
2.
Members participating in the University Tax-Deferred Annuity Plan shall be fully vested
immediately, subject to the provisions of the Plan, in amounts attributable to the
contributions properly made under Article 23, Section 2, paragraph 3.
24
..
3.
Members participating in the University Tax-Deferred Annuity Plan shall be fully vested,
subject to the provisions of the Plan, in amounts attributable to the contributions made
under Article 23, Section 2, paragraph 2 according to the following schedule:
+ After one year of University service:
•
+
+
+
+
+
+
After two years of University service:
After three years of University service:
After four years of University service:
After five years of University service:
After six years of University service:
After seven years of University service:
After eight years of University service:
12.5% vested
25 .0% vested
37.5% vested
50.0% vested
62.5% vested
75 .0% vested
87.5% vested
100.0% vested
Section 4. - General
1.
The Union will have two (2) representatives on any future retirement committees which
may be established by Human Resources.
2.
Employees hired after January 1, 1996 will be eligible upon retirement to participate in
the University's health insurance program under the provisions of COBRA. The
premium cost for COBRA coverage will be the sole responsibility of the employee.
3.
Employees who retire under the defined contribution plan whose eligibility for health
insurance coverage under COBRA has ended may apply for coverage under a conversion
policy offered by a vendor selected by the University.
Section 5. - Implementation
1.
Employees hired since January 1, 1996, at their option, may make the employee
contribution (up to four (4%) percent) for the period January 1, 1996, through April 15,
1999, in twenty (20) equal installments of no less than ten ($10) dollars. Such
"installment" payments are required to be made in the same tax year, and thus, fewer than
twenty (20) payments may be required of employees who elect this option.
2.
For employees hired since January 1, 1996, the University will JDake a retroactive
contribution to their retirement account. The amount of the contribution will be equal to
ten (10%) percent of an employee's earnings plus earned interest at the annual rate of six
(6%) percent.
Article 24. - EQUIPMENT, ACCIDENTS AND REPORTS
Section 1.
Equipment required by the University will be furnished and maintained by the
University.
Section 2.
An employee involved in any accident shall immediately report said accident and any
physical injury sustained. When required by the University, the employee, before starting his or
25
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..
her next shift, shall make out an accident report, in writing, on forms furnished by the University
and shall turn in all available names and addresses of witnesses to any accidents.
Section 3.
If the occasion arises where an employee gives written report on forms in use by the
University of a vehicle being in an unsafe working-operating condition and receives no
consideration from the University, he or she shall take the matter up with the officers of the
Union who will take the matter up with the University.
Article 25. - TUITION AND FEE WAIVER
Section 1. - Fee Waiver
It is the intent of the University to recognize that members of the bargaining unit are
encouraged to attend cultural and athletic events at the University and that admission charges, if
any, should recognize their unique status.
Section 2. -Tuition Waiver
All bargaining unit members may take the University course offerings and have the
regular fees for such courses waived provided that not more than two (2) courses (or eight (8)
credit hours) are taken during any semester and provided that such course or courses do not
interfere with their regularly assigned duties, and the employee has a satisfactory job performance
evaluation, and the course is not offered at times outside the employee's working hours.
All bargaining unit members may transfer their existing eight (8) credit hour tuition
benefit to an eligible spouse and/or dependent child. This program applies to undergraduate
tuition only: registration and other incidental fees which may be charged shall be borne by the
spouse and/or dependent child. A dependent child shall be defined as any natural or adopted
child of the eligible employee who is twenty-four (24) years old or less by December 31 of the
academic year for which tuition assistance is requested.
Because of the addition of Kendall College of Art and Design (in January 2001) and the
University wanting to offer the Ke:adall courses to FSU employees, we must determine the
monetary value of a course credit al"'FSU so the benefit value, in whole or in part, is available to
the employees for Kendall courses. This is because the benefit set out in course credits does not
directly apply to Kendall course credits. In the event an employee takes courses at both FSU and
FSU-Kendall within the same semester, or takes all FSU-Kendall courses, a method to determine
the value of the benefit is necessary. The value is $1,440.00 (8 credits x $180 per credit, the
current undergraduate rate). It is not the intent to provide employees with a tuition waiver benefit
of a maximum number of course credits in addition to $1,440.00 each semester. For eligible FSU
employees (bargaining and non-bargaining), the tuition waiver benefit that pays for 30% of the
semester's tuition for a family does not apply to FSU-Kendall courses.
FSU employees covered by the tuition waiver benefit specifying number of course
credits, as described in the paragraphs above, who take FSU and FSU-Kendall courses within the
same semester, shall have the tuition credit in the form of number of credits applied to FSU
courses first with any remaining credits converted to and valued at $180.00 per credit to be
applied to FSU-Kendall courses.
26
Employees and/or their spouse or dependents may not displace other students in a course.
Article 26. - BEREAVEMENT LEAVE
A bargaining unit member may be granted up to four (4) consecutive business days of
paid leave to attend funeral services in the event of the death of a member of the immediate
family. Immediate family for purposes of this Article shall be defined as current spouse, mother,
father, child, son-in-law, daughter-in-law, stepchild, stepparent (current parent of spouse), sister,
brother, grandchild, grandparent or parent of spouse. If the funeral is to take place more than 300
miles from the employee's residence, an additional day may be granted for travel time. One (1)
day paid leave may be granted to attend the funeral of an aunt, uncle, niece, nephew, sister-inlaw, brother-in-law, or any person with whom the employee is presently making his/her home.
Article 27. - PERSONAL LEAVE
An employee with at least one (1) year seniority at the time of the effective date of this
contract, and annually thereafter each July 1, may have two (2) days' personal leave; one (1)
chargeable to sick leave and one ( 1) not chargeable. Employees must apply for personal leave at
least two (2) working days before such leave is desired, except in cases of emergency. Personal
leave days are not cumulative from year to year.
Article 28. - WAGE SCHEDULE
The wage schedule has base wage rates for employees with less than a Bachelor's degree,
and educational wage rates for employees with a Bachelor's degree or higher.
Section 1. - Wage Rates
Wage
October 15, 2012 (2.25%)
Start
6Month
1 Year
Base
Educational
$24.97
$25.83
$27.38
$25.09
$25.99
$27.51
Wage
July 1, 2013
(2.25%)
Start
6 Month
1 Year
Base
Educational
$25.53
$26.41
$28.00
$25.65
$26.57
$28.13
Wage
July 1, 2014
(l.75%)
Start
6 Month
1 Year
Base
Educational
$25.98
$26.87
$28.49
$26.10
$27.04
$28.62
27
Wage
July 1, 2015
(1.75%)
Start
6 Month
1 Year
Base
Educational
$26.43
$27.34
$28.98
$26.56
$27.51
$29.12
Wage
July 1, 2016
(1.50%)
Start
6 Month
1 Year
Base
Educational
$26.83
$27.75
$29.42
$26.96
$27.93
$29.56
Section 2. - Pay Period
The University reserves the right to change the pay period (i.e., bi-weekly, semi-monthly,
etc.) upon sixty (60) days' notice to the bargaining unit.
Section 3. - Field Training Officer (FTO) Compensation
When a Sergeant is assigned as an FTO for at least half of the FTO's assigned shift hours,
he/she will receive, in addition to regular pay, one and one-half (1 ~) hours of pay at the
Sergeant's regular rate of pay.
Section 4. - Shift Premium
Employees who work between the hours of 5:00 p.m. and 9:00 p.m. shall receive a shift premium
of$.45 per hour. Employees who work between the hours of9:00 p.m. and 7:00 a.m. shall
receive a shift premium of $.50 per hour.
Section S. - Clothing Allowance
The Detective/Sergeant will be paid an additional Three Hundred Dollars ($300.00)
clothing allowance per contract year (July 1 - June 30).
Article 29. - LONGEVITY PAY
Bargaining unit members hired on or before September 30, 2004 who have completed
four (4) years of continuous service and are beginning their fifth (5th) year with the University,
will receive longevity payments based on their current base salary and the chart below. Effective
September 30, 2007 and beyond, longevity payments will be based on the first $36,725.00 of the
employee's current base salary. (Note: this amount represents the approximate percent difference
in current wages between patrol and supervisor units.) Patrol unit members who receive
longevity in that unit and who are promoted to the supervisory unit will receive longevity based
on the supervisory cap of$36,725.00.
28
Completed 4 years, beginning their 5111 year:
Completed 9 years, beginning their I0111 year:
Completed 14 years, beginning their 15 111 year:
2.5%
3.5%
4.5%
Thereafter, bargaining unit members will receive such payments annually on the pay following
their anniversary date.
Article 30 - DISTRIBUTION OF AGREEMENT
The University agrees to make available to each bargaining unit member a copy of this
Agreement. The cost of printing this Agreement shall be shared equall y by both parties.
Article 31. -TERMINATION OF AGREEMENT
This Agreement shall be in full force and effect from October 15, 2012 until 11 :59 p.m.
June 30, 2017.
Notice to modify, alter, amend, renegotiate or change, or any combination thereof, the
provisions of this Agreement shall be given no later than ninety (90) days nor earlier than onehundred twenty (120) days prior to the expiration of the Agreement. Notice shall be in writing
and shall be sufficient if sent by certified mail to the University, addressed to the Office of the
General Counsel, and if to the Union, addressed to the Police Officers Labor Council, or to any
such address as the University or Union may make available to each other.
SIGNATORIES
For: Police Officers Labor Council/Unit TI
8 -22-13
Mike Woronko
POLC Representative
Date
Date
David L. Eisler
President
~g,~ <€/r;;-fi3
Diana Hepler
Sergeant
Date
Steven B. Stratton
1
Date
James
Date
Assi nt Director, Department of Public Safety
29
•,
APPENDIX A
MINIMUM PPO BENEFIT PLAN
Deductible
Out-of-pocket maximum
In-Network
Out-of-Network
$500 single
$1000 single
$1000 family
$2000 family
$1000 single
$2500 single
$2000 family
$5000 family
excludes deductible
excludes deductible
Preventive care coverage
100%
60% after deductible
Hospital coverage
80% after deductible
60% after deductible
Primary care physician
office visit copayment
$50
60% after deductible
Specialist office visit
co payment
$50
60% after deductible
Chiropractic copayment
$50
60% after deductible
Prosthetic and orthotic
coverage
80% after deductible
80% after deductible
Durable medical
equipment
80% after deductible
80% after deductible
Emergency room
co payment
$100
$100
Urgent care copayment
$50
60% after deductible
Ambulance copayment
80% after deductible
80% after deductible
Lab and x-rays
80% after deductible
60% after deductible
Advanced diagnostic
imaging
80% after deductible
60% after deductible
20% coinsurance
Generic:
$10 min/$50 max
20% coinsurance
Generic:
$10 min/$50 max
Brand formulary:
$30 min/$75 max
Brand formulary:
$30 min/$75 max
Brand non-formulary:
$50 min/$100 max
Brand non-formulary:
$50 min/$100 max
Mail-order drug copayment
2 times the co-pay
2 times the co-pay
Contraceptives
Covered
Covered
Prescription drug
co payment
30
·.
INDEX OF TOPICS
Administrative Responsibilities ...................................................................................................................... 9
Agency Shop ................................................................................................................................................... 4
Aid to Other Organizations ............................................................................................................................. 3
Bereavement Leave ....................................................................................................................................... 27
Bulletin Boards ............................................................................................................................................... 5
Clothing Allowance ...................................................................................................................................... 28
Compensatory Time ...................................................................................................................................... 15
Dental Insurance ........................................................................................................................................... 21
Detective/Sergeant Position .......................................................................................................................... 17
Distribution of Agreement ............................................................................................................................ 29
Equipment, Accidents and Reports ............................................................................................................... 25
Fee Waiver .................................................................................................................................................... 26
Field Training Officer ................................................................................................................................... 28
Grievance Procedure ....................................................................................................................................... 7
Grievances ....................................................................................................................................................... 6
Holidays ........................................................................................................................................................ 18
Hours ofService ............................................................................................................................................ 13
Insurances ......................................................................................................................................... 19, 20, 21
Layoffs .......................................................................................................................................................... 10
Liability Insurance ........................................................................................................................................ 19
Life Insurance ............................................................................................................................................... 19
Long Term Disability Insurance ................................................................................................................... 21
Longevity Pay ............................................................................................................................................... 28
Loss of Seniority ........................................................................................................................................... 10
Lunch Period ................................................................................................................................................. 17
Medical Reimbursement Plan ....................................................................................................................... 20
Military Leave ............................................................................................................................................... 11
No Strike ......................................................................................................................................................... 6
Optical Plan ................................................................................................................................................... 21
Overtime ....................................................................................................................................................... 13
Personal Leave .............................................................................................................................................. 27
Personnel Records ........................................................................................................................................... 5
Probationary Status ......................................................................................................................................... 9
Professional Conduct ...................................................................................................................................... 8
PUipose and Intent ........................................................................................................................................... 3
Recall Procedure ........................................................................................................................................... 11
Recognition ..................................................................................................................................................... 3
31
Retirement ..................................................................................................................................................... 24
Schedules ...................................................................................................................................................... 13
Seniority .......................................................................................................................................................... 9
Seniority and Seniority Lists ........................................................................................................................... 9
Seniority of Steward...................................................................................................................................... 10
Separability, Precedents and Past Practices .................................................................................................... 5
Shutdowns ..................................................................................................................................................... 19
Sick Leave - Accrual and Usage ................................................................................................................... 11
Sick Leave - Separation ................................................................................................................................ 13
Special Conferences ........................................................................................................................................ 5
Staffing Levels .............................................................................................................................................. 17
Stewards .......................................................................................................................................................... 4
Termination of Agreement ............................................................................................................................ 29
Time Changes ............................................................................................................................................... 17
Travel Time ................................................................................................................................................... 18
Tuition Waiver .............................................................................................................................................. 26
Union Mem~ership ......................................................................................................................................... 4
Vacations ....................................................................................................................................................... 23
Wage Schedule .............................................................................................................................................. 27
Waiver ............................................................................................................................................................. 3
Work Hours ................................................................................................................................................... 13
Work Schedule .............................................................................................................................................. 15
Workers' Compensation ................................................................................................................................ 23
32